498a victim advice

shabana (Querist) 02 September 2014 This query is : Resolved
i am mother in law of 498 bahu,who has implicated me in false 498 case.I am on bail since 2011,and my case has not started.My son is out of the country since 2010,he has not been here since the police case,DV and 498.Their marriage was a love marriage ,and she has never lived with me in India,but I have been implicated .I am a widow, senior citizen ,with no family or support .My lawyer tells me that since my son has not been investigated,the case cannot start,the chargesheet is incomplete.On the last date ,the judge(new ) was asking why case is delayed,and if I knew his whereabouts.PLS Advise if there is any way to get out of this mess.I was advised against SQUASH becz my son has not been here.

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Kiran Kumar (Expert) 02 September 2014
the case can proceed against you in the absence of your son, the main accused in the matter.

the police may submit a challan/charge sheet against you, in case your son is not traceable.

moving a quashing petition will not be a good idea at this stage.

Nadeem Qureshi (Expert) 03 September 2014
If there is no specific allegations against you then you can file a quashing petition before hc along with the judgment of SC geeta malhotra supra

ajay sethi (Expert) 03 September 2014
agree with Kiran Kumar

Rajendra K Goyal (Expert) 03 September 2014
Prey the court to order police to file charge sheet against you.

Dr J C Vashista (Expert) 03 September 2014
Approach the court for issuance of directions to police for filing charge-sheet.

T. Kalaiselvan, Advocate (Expert) 07 September 2014
If the charge sheet has been filed, you may go for splitting up the case, that way you can get your case alone prosecuted.